Private Advocate in Criminal Trials
1 year ago
I'm Complainant in criminal FIR. Chargesheet filed in Court. Can I have private Advocate during Trial of Criminals proceeding.
If yes, then under what sections of CrPC Complainant can ask for Private Advocate in Court
A.Dear client,
During the trial, the complainant has also been given limited right to speak during trial by way of submitting written arguments under Section 301 (2) of the Code of Criminal Procedure, 1973 and assist the Public Prosecutor through private Counsel with the permission of the Court.
But a private counsel cannot lead the case.
During the trial, the complainant has also been given limited right to speak during trial by way of submitting written arguments under Section 301 (2) of the Code of Criminal Procedure, 1973 and assist the Public Prosecutor through private Counsel with the permission of the Court.
But a private counsel cannot lead the case.
Helpful
Helpful
Share
A.Dear Sir,
Section of Criminal Procedure code 302. Permission to conduct prosecution.
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by a pleader.
Section of Criminal Procedure code 302. Permission to conduct prosecution.
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by a pleader.
Helpful
Helpful
Share
Read Related Answers
Lost money from Escort fraud
Dear Client,
Human trafficking is a criminal offense and those who are involved in the crime are considered criminal under law and are punished with rigorous imprisonment for a term which shall not be...
my name in fir as withenss
Dear Client,
Yes, it's possible to file a petition for the quashing of an FIR (First Information Report) in court if your name has been included as a witness and you believe that the FIR is false, f...
First time drink and drive what would be probable penalty
Dear Client,
According to Section 185 of the Motor Vehicles Act, 1988 driving under the influence of drugs or alcohol is a criminal offense. The first offense is punishable with imprisonment of up to...
I want to file case against my boyfriend
Dear Client,
You can file a case under sec 376 of IPC for sexual harassment along with sec 375 and 416 and 420 for cheating. Additionally you can also file a case under sec 305 and 306 for abetment t...
Free lawyer for fight the case
Dear Client,
Every person who has to file or defend a case shall be entitled to free legal services under Section 12 of the Legal Services Authority Act, 1987 if the person meets the criteria as outli...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location